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    Comparative Constitutional Law Course Overview

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    ठाकुर शानू
    This document outlines the course objectives and structure for a Comparative Constitutional Law course. The course aims to examine legal concepts found in constitutions around the world such as basic rights, rule of law, and systems of governance. Students will learn about the constitutional systems of countries like the US and India. The course will cover topics such as the scope of comparative constitutional law, federalism, rule of law, and judicial review over 12 weeks through readings and class discussions. Students will develop a deeper understanding of constitutional doctrines and principles across legal systems.

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    Comparative Constitutional Law Course Overview

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    ठाकुर शानू
    165 views4 pages
    This document outlines the course objectives and structure for a Comparative Constitutional Law course. The course aims to examine legal concepts found in constitutions around the world such as basic rights, rule of law, and systems of governance. Students will learn about the constitutional systems of countries like the US and India. The course will cover topics such as the scope of comparative constitutional law, federalism, rule of law, and judicial review over 12 weeks through readings and class discussions. Students will develop a deeper understanding of constitutional doctrines and principles across legal systems.

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    This document outlines the course objectives and structure for a Comparative Constitutional Law course. The course aims to examine legal concepts found in constitutions around the world such as basic rights, rule of law, and systems of governance. Students will learn about the constitutional systems of countries like the US and India. The course will cover topics such as the scope of comparative constitutional law, federalism, rule of law, and judicial review over 12 weeks through readings and class discussions. Students will develop a deeper understanding of constitutional doctrines and principles across legal systems.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    165 views4 pages

    Comparative Constitutional Law Course Overview

    Uploaded by

    ठाकुर शानू
    This document outlines the course objectives and structure for a Comparative Constitutional Law course. The course aims to examine legal concepts found in constitutions around the world such as basic rights, rule of law, and systems of governance. Students will learn about the constitutional systems of countries like the US and India. The course will cover topics such as the scope of comparative constitutional law, federalism, rule of law, and judicial review over 12 weeks through readings and class discussions. Students will develop a deeper understanding of constitutional doctrines and principles across legal systems.

    Copyright:

    © All Rights Reserved
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    of 4

    Comparative Constitutional Law1

    Course Objective

    This course is designed to examine from a comparative perspective –legal structure and concepts
    that are found in Constitutions across the world, percepts such as basic rights, rule of law,
    systems of governance, judicial review, to name a few. Comparative Constitutional Law course
    is intended to make students familiar with the constitutional systems of a few countries, in
    particular the constitution of United States of America and few other emerging constitutions
    along with the Indian Constitution. Students will be benefitted from deeper understanding of the
    doctrines and values underlying the provisions and principles from various constitutional
    systems.

    a. Comparative study of Constitutional Law – scope [Week I-II, 6 classes]

    Essential readings

    1. D.D.Basu, Comparative Constitutional Law, 2nd ed., Wadhwa Nagpur, 2008, pp 1-12.
    2. Jan M Smits (ed), Elgar Encyclopedia of Comparative Law, Edward Elgar, Cheltenham,
    UK, 2006, pp 57-65, 187-199. (included in reading material)
    3. Reimann, Mathuas and Zimmermann, Reinard, The Oxford Handbook of Comparative
    Law, OUP, Oxford, 2006, pp 1225-1257. (included)
    4. Mark Tushnet, The Possibilities of Comparative Constitutional Law (1999) 108 Yale.L.J.
    1225. (included in reading material)

    Further suggested readings

    5. Vicki C. Jackson and Mark V. Tushnet, Comparative Constitutional Law, Foundation


    Press, pp 144-152.
    6. Donald Kommers, The Value of Comparative Constitutional Law, 9 J. Marshall J. Prac.
    & Pro. 685 (1976).
    7. Ernest A. Young, Foreign Law and the Denominator Problem (2005) 119 Harv. L. Rev.
    148.
    8. Roger P. Alford, In Search of a Theory for Constitutional Comparativism (2005) 52
    UCLA L. Rev. 639.
    9. Ran Hirschl, The Rise of Comparative Constitutional Law: Thoughts on Substance and
    Methods, Indian Journal of Constitutional Law, (2008).
    10. Sujit Choudhry, Globalisation in Search of Justification: Toward a Theory of
    Comparative Constitutional Interpretation (1999) 74 Ind. L. J. 819.
    11. Ursula Bentele, Mining for gold: The Constitutional Court of South Africa’s Experience
    with Comparative Constitutional Law, available at
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1169642

                                                                
    1
     Course Teacher: Daniel Mathew, Assistant Professor (Law) 

    1 

     
    b. Federalism [Week VII-XI, 12 Classes]

    Essential readings

    1. Michael Burgess, Comparative Federalism, Theory and Practice, Routledge, NewYork,


    2006, pp 9-49. (included in reading material) and pp 50-75.
    2. Mahendra P. Singh, V N Shukla, 11th ed., EBC, Lucknow, 2008, pp A28-A35.
    3. DD Basu, Introduction to the Constitution of India, Lexis-Nexis-Butterworth-Wadhwa,
    2008, pp 51-66, 327-334, 344-351, 357-367.
    4. Mark Tushnet, The Constitution of the United States of America: A Contextual Analysis,
    Hart Publishing Ltd, 2009, pp 159-181. (included in reading material)
    5. Charles Fried, Saying What the Law is: The Constitution in the Supreme Court, First
    Indian Reprint, Universal Publishing Co.Pvt Ltd., 2008, pp 13-48. (included in reading
    material)

    Further suggested readings

    6. Vicki C. Jackson and Mark V. Tushnet, Comparative Constitutional Law, Foundation


    Press, pp 791-803, 825-827, 843-858.
    7. Nicholas Aroney, The Constitution of a Federal Commonwealth: The making and
    meaning of the Australian Constitution, Cambridge University Press, Cambridge, 2009,
    pp 17-39.
    8. Re Quebec Objection to a Resolution to Amend the Constitution [1982] 2 S.C.R. 793.
    9. Martha A. Field, “The Differing Federalisms of Canada and the United States” (1992) 55
    Law and Contemp. Probs. 107.
    10. Jan Erk, Explaining Federalism: State, Society and Congruence in Austria, Belgium,
    Canada, Germany and Switzerland, Routledge, New York, 2008, pp 1-13, 44-48.
    11. Granville Austin, The Indian Constitution: Cornerstone of a Nation (Oxford: OUP, 2008)
    at 156-163.
    12. Tony Blackshield and George Williams, Australian Constitutional Law and Theory
    Commentary and Materials, 4th ed, The Federation Press, Sydney, 2006, pp 241-246.
    (Australian Federalism).
    13. Donald P Kommers, The Constitutional Jurisprudence of the Federal Republic of
    Germany, 2nd edn, Duke University Press/ Durham and London, 1997, pp 61-107
    (Federalism in Germany.)
    14. M.P. Jain, Indian Constitutional Law, 5th ed., Wadhwa, Nagpur, 2003, pp 22-23, 553-555,
    847-860.
    15. Kuldip Nayar v. UOI AIR 2006 SC 3127, (2006) 7 SCC 1.

    c. Rule of Law [Week III- VI, 12 Classes]

    Essential readings

    1. Richard H. Fallon Jr., The Rule of Law as a Concept in Constitutional Discourse,


    Columbia Law Review, vol.97 (1997) 1. (included in reading material)
    2 

     
    2. B Z Tamanaha, Rule of Law in United States in Randall Peerenboom (ed.), Asian
    Discourses of Rule of Law, Routledge, London, 2004, pp 56-78. (included in reading
    material)
    3. Jeffrey Jowell, The rule of law today, in Jeffrey Jowell and Dawn Oliver (ed.), The
    Changing Constitution, OUP, 4th ed., 2000, pp 3-22 (Rule of law in England)
    4. DD Basu, Comparative Constitution Law, 2nd (ed.), Wadhwa, 2008, pp 324-350.
    5. U Baxi, Rule of Law in India: Theory and Practice in Randall Peerenboom (ed.), Asian
    Discourses of Rule of Law, Routledge, London, 2004, pp 324-345. (included in reading
    material)

    Further suggested readings

    6. Jeremy Waldron, Rule of Law and Concept of Law, available at


    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1273005.
    7. Vicki C. Jackson and Mark V. Tushnet, Comparative Constitutional Law, Foundation
    Press, pp 213-222, 337-342.
    8. M.P. Jain, Indian Constitutional Law, 5th ed., , Wadhwa, Nagpur, 2003, pp 7-10
    9. Anata Kumar Giri, The Rule of Law and Indian Society: From Colonialism to Post
    Colonialism in P Costa and D Zolo (ed.), The Rule of Law: History, Theory and
    Criticism, Springer, The Netherlands, 2007, pp 587-614.
    10. Joseph Raz, The Rule of Law and Its Virtue, The Law Quarterly Review, vol 93 (1977)
    196.
    11. Goolam E Vahanvati, Rule of Law: The Sieges Within, in Constitutionalism, Human
    Rights and the Rule of Law: Essays in Honour of Soli J Sorabjee, Universal Book
    Punlishing Co., New Delhi, 2005, pp 165-173.

    d. Judicial Review [Week XII-XV, 12 Classes]

    Essential readings

    1. M.P. Singh, V.N Shukla’s Constitutional Law, (11th ed.) Eastern Book Company, pp A
    52 – A 56, 482-536, 614-677
    2. Vicki C. Jackson and Mark V. Tushnet, Comparative Constitutional Law, Foundation
    Press, pp 456 – 491, 640 – 650. (included in reading material)
    3. DD Basu, Comparative Constitution Law, 2nd (ed.), Wadhwa, 2008, pp 403-416.
    4. Douglas V. Verney, The Struggle over Judicial Review: Supreme Court and Limited
    Government in M.P.Singh et al (eds.), Indian Judiciary and Politics: The Changing
    Landscape, Manohar Book, 2007 pp 41-67. (included in reading material)

    Further suggested Readings

    5. S.P Sathe, Judicial Activism in India: Transgressing Borders and Enforcing Limits, OUP,
    pp 63- 99, 249- 311
    6. Tom Ginsburg, Judicial Review in New Democracies: Constitutional Courts in Asian
    Cases, Cambridge University Press, pp 34 – 64, 64- 89

    3 

     
    7. Alexander M. Bickel, The Least Dangerous Branch: The SC at the Bar of Politics, Yale
    University Press.
    8. Jack Wade Nowlin, The Constitutional Limits of Judicial Review: A Structural
    Interpretative Approach, Oklahoma Law Review, 1999
    9. Gustavo Fernades De Andrade, Comparative Constitutional Law: Judicial Review,
    University of Pennsylvania Journal of Constitutional Law, vol.3, n.3, 2001, pp. 989-997
    10. Seervai, Constitutional Law, pp. Vol.1, 260-275, Vol.3, 2613-2986
    11. Charles L. Black, The People and the Court: Judicial Review in a Democracy, The
    Macmillan Company, 1960
    12. Archibald Cox, Court and the Constitution, Houghton Mifflin, pp 341 -378

    4 

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